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OPINION

Ousia Davis: US laws in place to handle migrants should not be changed on whim

Ouisa Davis, Guest columnist
Published 7:15 a.m. MT Nov. 22, 2018

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In this Jan. 19, 2007, file photo, a National Guard unit patrols the Arizona-Mexico border in Sasabe, Ariz. On Friday, Arizona and Texas announced that they were preparing to deploy National Guard members to the U.S.-Mexico border in response to President Donald Trump’s call for more border security.(Photo: Ross D. Franklin/Associated Press file)

Why is militarizing the border the immediate response to any immigration issue? Why does “border security” immediately leap to the top of the list whenever there is a crisis that should awaken us to the plight of foreign nationals seeking entry to the U.S.?

The commander-in-chief deployed more than 5,000 service members to the U.S.-Mexico border in response to the approach of people seeking refuge in our nation. This action was accompanied with tough talk in campaign rallies and on social media about service members shooting these unarmed people upon their arrival. This was out of the mouth (and fingers) of the leader of our nation. It is completely reprehensible and out of character for our nation, which prides itself on its immigrant history and nature.

Then, in an ironic buildup to our Thanksgiving holiday, President Donald Trump attempted to prevent eligible people from applying for asylum in the U.S. — in spite of laws, regulations, and policies that permit a person to do so at the time of entry or within one year of arrival to the U.S.

These are attacks by the Trump administration upon the republic, contrary to the constitutional limits of executive authority.

The ACLU immediately filed a lawsuit and a federal court intervened, issuing an injunction against the president’s blusterous attempt to block asylum applications. Thus, we see the checks and balances of our republic at work. A co-equal branch of government, the judiciary, responded appropriately to this irrational and discriminatory act by the executive branch.

In the U.S., laws are not implemented by mood, whim, or fiat; there are constitutionally and legislatively controlled mechanisms for the administration of government. Laws are passed by Congress, delegated to the executive branch for implementation by regulation to put a process in place, and to agencies with authorized internal policies to govern the day-to-day process. This is called “administrative law” and is a specialized area of law and government.

Our immigration laws, regulations, and policies allow foreign nationals to come to this country and apply for asylum or immigrant status, no matter how they get here, where they enter, or whether they come individually or in large groups.

Our military protects us from violent invasion by nation-states, among other things, subject to congressional approval except in a national emergency. There is no military or national security threat in a group of migrants seeking lawful entry into our country; there is no constitutional authority for the president to use service members to further his political objectives.

There is no threat to national security or the health, safety, or welfare of the U.S. population to warrant deployment of troops or interference with the lawful application for asylum or immigration benefits. There is no constitutional authority to allow the president to do so by memo or tweet.

The arrival of refugees and migrants on the U.S. border is a humanitarian moment, not a border security threat. America, in its finest moments, welcomes immigrants and refugees with open arms. Such is our history celebrated in Thanksgiving; whether the source was Europe, the former Soviet Union, Cuba, Vietnam, Africa, or the Middle East, the United States has historically prided itself on its open-armed hospitality. The difference here is that these are Mexicans and Central Americans, whose societies have been destabilized by U.S. activities and whose ability to migrate has been negatively impacted by immigration laws promulgated over the past 40 years.

We, the people, must respond to threats, foreign and domestic, to our democratic republic. Advanced citizenship, to which we are called as Americans, calls us to speak out against the abuse of authority by an elected official. Our laws call us to humanely assess the needs of these men, women and children; offer immigration relief to those who qualify; and thoughtfully return those not eligible to remain to their nation of origin. To do otherwise destroys America.

Ouisa D. Davis is an attorney at law in El Paso. She can be reached at Ouisadavis@yahoo.com.